Gastric Band Injury Compensation Claims
Gastric Band surgery has become one of the most popular ways to lose weight, allowing people to live a healthier and more active lifestyle. It is estimated 10,000 people a year undergo gastric band surgery in an attempt to lose weight. As the number of people having surgery rises so does the number of surgery claims. Therefore, it is useful to understand how and why gastric band surgery can go wrong and in what circumstances you would have grounds for a claim.
What are the Risks commonly Associated with Gastric Band Surgery
Any type of surgery by its very nature carries a certain amount of risk. In many cases surgery is the only option to cure severe illness or injury and required to restore a person to good health. However, this is not always the case where gastric band surgery is concerned. In some cases people will undergo gastric band surgery in an attempt to improve their appearance. In such cases it is advisable to consider the possible risks before deciding to go ahead with the treatment.
Some of the risks associated with Gastric Band Surgery include:
Pouch Stretching: Gastric Band surgery takes the normal size of your stomach and shrinks it to a much smaller size in order to allow patient to lose weight. Over time it is possible that the band may stretch back to its original size as a result of overeating, so it is essential that you follow dietary guidelines after any surgery.
Erosion: Although materials used in the manufacture of gastric bands tend to repel the risk of erosion, there have been cases in which part of the band has eroded causing the stomach to return to its normal size resulting in the patient gaining weight once more.
Break Down: Some surgeries require staples to hold the band in place and sometimes these staples can fall apart leading to the process being reversed.
Leakage: This is one of the most serious of all the risks associated with Gastric Band Surgery. If you stomach lining is punctured during surgery harmful acid can leak out and not only cause pain but possibly damage other vital organs.
Deficiencies: The body requires a certain amount of nutrients in order to survive, most of the nutrients are taken into the body in the form of foodstuffs. As a such when people are on a restrictive diet as is the case after gastric band surgery they run the risk of vitamin deficiency which can lead to patients becoming unwell.
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What are the Symptoms when Gastric Band Surgery Goes Wrong?
There are not a whole host of symptoms associated with failed gastric band surgery but the ones there can be extremely severe. These include intense pain or vomiting, while the inability to lose weight should also be a warning sign that your surgery has not worked as it should. If these symptoms are not managed properly and reduced the risk of oesophageal cancer is a real possibility. Our advice would be if you begin to suffer from any of these symptoms contact your GP immediately to get checked out.
Why Do Gastric Bands Fail
Doctors that perform gastric band surgery will often claim that the risk of failure is relatively low. However, these figures are not particularly accurate because many failed surgeries are actually deemed to have been successful because the symptoms did not appear life-threatening. This is a mistake as while the symptoms may not immediately seem life-threatening they could lead to serious health problems later in life if not diagnosed properly and corrected. Some of the main reasons gastric band surgery fails are:
Inadequate Aftercare – When people are given the option of gastric band surgery, they fail to consider or are poorly informed about the level of aftercare involved once the band is present. The patient will have to undergo monitoring throughout the life of the band to ensure that it remains in place and without any erosion.
Lack of Education – Some physicians have been known to hurry patients through without properly preparing them for what the surgery entails. Improper education and the lack of information given to patients can cause them to misuse the band such as drinking or eating foods that are not recommended or overeating and causing the stomach to stretch.
Not Pursuing Other Options – The gastric band was originally intended for individuals that have a true problem with weight loss or who have become so obese that their health is an immediate concern. These days, some physicians have been known to suggest the surgery without offering any weight loss advice or helping the patient with non-intrusive weight loss methods. They simply look at the gastric band surgery as a quick fix to an old problem.
Why Choose Tylers for my No Win, No Fee Gastric Band Surgery Claim?
Here at Tylers Solicitors we are proud to be regarded as one of the UK’s leading providers of no-win, no-fee legal services. If you feel you have suffered illness or injury as a result of failed gastric band surgery we are here for you. For more information on our wide range of no-win, no-fee personal injury legal services, contact our team today! We’re dedicated to helping you get the compensation you need to move on with your life.
To get all the information on our comprehensive no win no fee legal services call us without delay on 0800 699 0079. Our Professional team will be able to answer any questions you may have and will help you get your claim underway without delay.
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Compensation Amounts
Gastric Band Surgery Compensation Claims Amounts
The amount of compensation available to you could differ dependent of the exact details of your claim. The severity of any symptoms you suffer will play a part in the award, along with the level of misinformation you were given. If you are unsure about whether you are eligible to claim compensation speak to our team without delay. As we stated gastric band compensation amounts will vary but some of the amounts you could receive are:
Severe Injury to Your Digestive System
If your gastric band surgery fails and you end up with severe pain and injury to your stomach or other parts of your digestive system you could be paid compensation of:
Up To £54,280
Serious Non Penetrating Injury to The Digestive System
Any illness you suffer as a result of failed gastric band surgery will mean you could be eligible for a compensation award. In the cases of injuries that don’t penetrate the stomach wall but still causes you distress and have a negative impact on your day to day living could lead to a compensation amount of:
Up To £24,340
Penetrating Lacerations to the digestive System
As we mentioned before one of the risks of gastric band surgery is that the stomach may become punctured. If you gastric band surgery doesn’t go as planned and you suffer any type of laceration to your stomach wall you could be paid an amount in compensation of:
Up To £11,400
Frequently Asked Questions
Are Tylers a No Win No Fee Personal Injury Solicitors
Tylers offer a complete range of legal services for personal injury on a no win, no fee basis. That means you are able to get your claim up and running straight away without having to make any payments. All fees will be deducted from your final settlement if your claim is successful. Call today and speak to our friendly team of no win, no fee solicitors to ensure you get the gastric band surgery compensation you deserve.
How Long Have I Got to Make a Claim for Failed Gastric Band Surgery Compensation?
You actually have a period of up to three years to begin your claim for gastric band surgery. However we would always advise clients to seek legal help immediately to ensure you get the level of compensation you deserve. Always remember to try and provide as much evidence in the way of doctors reports and photographs when making your claim as that will improve your chances of success.
Can I Make a Claim for Gastric Band Surgery Compensation?
Gastric Band Surgery as with any other procedure comes with a certain amount of risk. There are no one hundred per cent guarantees that surgery will be successful meaning that there is a chance your operation could fail. Gastric band injury compensation claims are on the rise mainly because of lack of education provided by the doctors offering the surgery.
If you feel you have been badly advised and the failed surgery you have undergone has impacted on your health or not provided the desired results we are here for you. You could also be eligible to claim if you feel you have suffered as a result of inadequate aftercare, lack of information or been persuaded to undergo gastric band surgery without being advised of other avenues open to you. If you feel you have suffered as a result of mistakes made by a third party like a doctor or any other medical professional we can help.
To discuss your personal circumstances and find out how to progress your claim for gastric band surgery compensation get in touch with our friendly team today.
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